KILL, RAPE, CONTROL: GENDER-BASED VIOLENCE BY GANG MEMBERS IN EL SALVADOR AS CRIMES AGAINST HUMANITY UNDER INTERNATIONAL CRIMINAL LAW

In the Northern Triangle countries (El Salvador, Honduras, and Guatemala), gang violence, particularly against women, girls, and LGBTQ+ persons, results in gross violations of human rights and is a major driver of forced displacement. Gang members systematically use gender-based violence, including rape, femicide, kidnapping, sexual slavery, and persecution of LGBTQ+ persons, to exert territorial control Read More …

JUDICIAL ROLE AND JUDICIAL DUTY IN FOREIGN AFFAIRS

That the Constitution contemplates some meaningful role for federal courts in foreign affairs is clear from the text of Article III, which confers jurisdiction over not only cases arising under the Constitution and federal statutes, but also “Cases arising under Treaties made” under the authority of the United States, “Cases affecting Ambassadors, other public Ministers Read More …

WORLD LITIGATION LAW AND PRACTICE

This review states that the two volumes, “World Litigation law and Practice” and Unit B ”Europe” are an up-to-date publication and thus a welcomed event. It goes on to explain how the two studies attempt to provide not only details as to the civil procedure of the country concerned, but also information concerning the general Read More …

WHO IS WORTHY? NON-LAWYER PARTICIPATION IN JAPANESE AND SINGAPOREAN LAWYER DISCIPLINARY SYSTEMS

Historically the profession of lawyers self-regulated their members’ ethics through codes of conduct and disciplinary proceedings. This traditional approach to regulating lawyer performance and behavior has been increasingly subject to scrutiny and criticism. In some countries, consumer advocates and concern for access to justice for clients have combined to produce systems of regulation in which Read More …

V.S. MANI, INTERNATIONAL ADJUDICATION: PROCEDURAL ASPECTS

International Adjudication presents abundant material, particularly concerning the practice of early mixed claims commissions and tribunals. For that, it is commendable. It may prove significantly helpful for the developing practice of adjudication of claims between states and nationals of other states. Gerhard Wegen

UP IN THE AIR WITHOUT A TICKET: INTERPRETATION AND REVISION OF THE WARSAW CONVENTION

This Note will examine the validity of the Convention’s objective contract approach to defining “international transportation.” Although the Convention’s requirements will be discussed separately, the focus will be upon the ”regulated contract” and the relationship between article 1 and article 3 of the Convention. The need for revising the Convention will be discussed and a Read More …

UNITED STATES-JAPAN TRADE DEVELOPMENTS UNDER THE MTN AGREEMENT ON GOVERNMENT PROCUREMENT

This Note examines the Government Procurement Code and its impact on United States-Japan trade relations. It begins with a summary of discriminatory procurement practices previously permitted by the United States and Japan, followed by a brief history of the Code. The Note then addresses the Code’s operative mechanisms and its effect on United States and Read More …

UNITED STATES NUCLEAR EXPORT CONTROLS

This article will explore the U.S. nuclear export controls regime. It will initially discuss controls affecting the export of nuclear material, facilities, and specially designed components of nuclear facilities. This section will specifically consider export licensing procedures and requirements, agreements for nuclear cooperation, the specific export criteria for major nuclear cooperation, as well as the Read More …

UNITED STATES LIABILITY FOR EXPROPRIATIONS IN FOREIGN TERRITORY: SETTING THE STANDARD FOR RESPONSIBILITY

Part I of this Note will discuss the concepts of sovereignty, state responsibility for injuries to aliens, and compensation for expropriation under international law. Part II will examine United States policy on expropriations and explore how United States citizens may seek redress for foreign property loss in United States courts. Part III will argue that, Read More …

UNITED STATES LABOR PRACTICES IN SOUTH AFRICA: WILL A MANDATORY FAIR EMPLOYMENT CODE SUCCEED WHERE THE SULLIVAN PRINCIPLES HAVE FAILED?

This Note examines whether such a mandatory employment code is a necessary and effective means of accomplishing the bill’s goals. Following a brief discussion of the extent of United States business involvement in South Africa and the effect of the Sullivan Principles, an existing voluntary program, on these companies’ labor practices, the potential conflicts between Read More …